Burleigh v. Clough
Supreme Court of New Hampshire
Appeal, by Benaiah P. Burleigh, and his wife, Mary Burleigh, against David C. Clough, executor of the last will of Hannah Hersey, from the decree of the judge of probate for the county of Belknap.
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Appeal, by Benaiah P. Burleigh, and his wife, Mary Burleigh, against David C. Clough, executor of the last will of Hannah Hersey, from the decree of the judge of probate for the county of Belknap. The case is submitted on the following agreement of facts: • On February 21, 1867, Jacob Hersey, of Sanborntonj made his last will, containing the following provisions: “ I do give, devise, and bequeath unto my wife, Hannah Hersey, if she is living at the time of my decease, all my estate, both personal and real, or mixed, wherever the same may be found, to her, the said Hannah Hersey, to her use…
1Opinion of the CourtFoster, J.
The first question naturally presented by this case is, 'What kind of an interest or estate did Hannah Hersey take under her husband’s will ? Was it a fee simple, or an estate for life ?
*271In considering this question, we resort, in the first instance, to the application of those elementary rules of construction which provide that every portion of the instrument must be made to have its just operation, unless there arises some invincible repugnance, or else some portion is absolutely unintelligible; and that the intention of the testator is the prevailing consideration and the supreme rule of…
2Cases cited14 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Blagge v. MilesU.S. Circuit Court for the District of Massachusetts · 1841
- Jackson v. SebringNew York Supreme Court · 1819
- Doolittle v. LewisNew York Court of Chancery · 1823
- Jackson v. RobinsNew York Supreme Court · 1819
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3Cited by5 opinions
- Ireland v. Pacific HomeCalifornia Court of Appeal · 1955
- Clough v. CloughSupreme Court of New Hampshire · 1902
- Ordway v. DowSupreme Court of New Hampshire · 1874
- Kimball v. Bible SocietySupreme Court of New Hampshire · 1889
- Ordway v. DowSupreme Court of New Hampshire · 1874